Legal countermeasures for domestic violence: From the perspective of family law in China |
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Authors: | Jia Hao |
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Institution: | School of Civil, Commercial and Economic Laws, China University of Political Science and Law, Beijing 100088, China |
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Abstract: | Domestic violence, as its great harm to family members and family relationship, is one of the important issues to be tackled
by family law. In this regard, China’s Marriage Law mainly adopts non-litigation measures, including dissuasion and curb of
perpetrators, mediation for the parties concerned and imposition of administrative punishment. From the legal techniques in
family resource sharing, the diversity of interests within a family, the complexity of family relationships and the privacy
of family determine the non-antagonistic, nonlinear and non-proactive measures for adjusting family relationship. Further,
in the principle of “family priority based on personal independence” and with the prerequisites of the prevention framework
set up in the Marriage Law, it is suggested to make restrictive provisions on parental rights in protecting the minors, fully
utilize the current civil mediation system to settle family disputes, and set up a system of “personal protection and behavioral
correction.” |
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Keywords: | domestic violence family priority dispute settlement non-litigation settlement mechanism |
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